Is Using Your Neighbor's WiFi A Crime? Is Leaving Your's Unsecured?
from the calm-down-people... dept
Now that WiFi in the home is incredibly popular (to the point that completely non-technical folks are picking up access points at Wal-mart), the new legal questions are starting to come up - and it sounds like people are confusing the issues. Last month, we wrote about the very sick individual who was arrested in Canada for (a) driving the wrong way down a one way street (b) driving without any pants on (c) using a laptop while driving (d) using that laptop to download child porn (e) which he accessed via a free WiFi connection. Clearly, the guy deserved to be arrested, but what shocks me is that all anyone can talk about is the fact that he was using a free WiFi network, and how the owner of that WiFi network should be punished - and not any of the things the sick guy was doing himself. Say what? Talk about missing the point. There are perfectly legitimate reasons to leave your WiFi access point open to the public (assuming your ISP's terms of service allow it), and yet everyone is focused on why wireless access point owners need to make their systems more secure. Over at Always-On they're running a story about a similar situation where a neighbor's kid got onto his wireless network and proceeded to wipe the guy's hard drive clean. Instead of pressing charges, the guy had the kid show him how to protect his network. That's the wrong thing. He should have shown him how to protect his computer. It's completely possible to open up your WiFi network, without letting anyone else who gets on the network to access your computers. Again, this is a case where people are confusing the open network (which is legal) with the actual crime (wiping the hard drive). Even the excellent folks over at Broadband Reports are telling people they could be held responsible for not securing their networks. That shouldn't be the case. If you have a legal open network, then you are a service provider and as an open service provider who has no control over what goes over your network should not be responsible for any crimes that are committed over it.






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well
It is kind of a hazy issue. Of course people shouldn't be held responsible for downloading MP3's if it was someone else doing it over a poorly secured network.
However do people have the right to sue others for "hacking" into their networks when the door was wide open?
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Re: well
However, on your other question, I don't think it's that complicated. If you do something illegal on the network then you should be suable. However, if someone is just pointing out that your network is not secure, but you didn't actually do anything, you shouldn't be sued.
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What about knowing sharers
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No Subject Given
People may have "legitimate" reasons to have open bandwidth, but the average home user should probably NOT be doing it.
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"a big boy done it and ran away!"
I suspect that it will become law that the person who operates the access point is liable for all accesses from it (especially in the post-9/11 climate), and that someone, at some stage, will be gaoled for an anonymous stranger's crimes committed through their access point.
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Re:
However, I do agree (although I think it's freakin' messed up) with you that there will be a law holding wireless network owners liable, or at least requiring that they log not only connection attempts, but also moderate activity logging (such as URLs visited, etc), and take reasonable measures to prevent people from using their networks in illegal ways.
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articles on home network security
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I just connected to TomiZone and placed 2 out of 3
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